HomeMy WebLinkAboutLETTER-SIGNED SERVICE AGREEMENTSCANNED,
' BY
.A L L I E D N E' W 3901 NW 115 Avenue
Miami, Florida 33178
T E C H N O L O G I E S 305-888-2623 office
IN C 305-463-8369 fax
September 24, 2007
Ms. Donna Rhoden
City of Port St. Lucie
Utility Public Information Manager
900 S.E. Ogden Lane
Port St. Lucie, FL 34983
Dear Ms. Rhoden:
Please find enclosed a second signed Utility Service Agreement along with a second check, for
$1,741,062.30.
1 would like for you to please note that the previous agreement and check, that were lost, a stop payment has
been put on the check and this check is to be used to replace this.
If you should have any questions or comments, please feel free to contact me directly.
I
Very truly yours,
ALLIED NEW TECHNOLOGIES, INC
I
i
I
Jim er
P.re ident —CEO
1cg
cc: B. Terpening, Culpepper &Terpening
R. Namoff, ANT Chairman of the Board
M. Koven, ANT Chief Financial Officer
D. Bandklayder, Corporate Counsel
Brad Macek, Assistant Utility Director, Port St. Lucie (Fax: 772 873-6405)
n'H rnu.
3901 NW 115 Avenue
I
9501 Rangeline Road
30 Neil Gunn Drive 5215 W. Tyson Avenue
Miami, Florida 33178
Ft. Pierce, Florida 34987
Ellisville, MS 39437 Tampa, Florida 33611
305-888 2623
772464-6195
601477-2550 813-8324868
8350 NW 93 d Street
204 SCM Road
1405 Possum Hollow Road 2100 Port Road
Miami, Florida 33166
Brunswick, GA 31525
Ranger, GA 30734 West Memphis, AR 72301
305-888 2623
912-267-9470
706-334-7377 870-732-3107
i
Utility File # 11.956.ou
Prepared by and return to:
Port St Lucie Utility Systems Dept.
900 SE Ogden Lane
Port St. Lucie, FL 34983
CITY OF PORT ST. LUCIE UTILITY SYSTEMS DEPARTMENT
UTILITY SERVICE AGREEMENT/PERMIT
Project Name: Allied New Technologies Account Name: Allied New Technologies
Service Address: 9545 Range Line Road
Mailing Address: 3901 NW 115 Avenue
Miami, FL 33178
Attachments Required:
X Exhibit A Legal Description
X Exhibit B Special Conditions
X Exhibit C Non -Resident Request! for Service
X Exhibit D Connection Fee Worksheet
AGREEMENT
UTILITY will provide water service upon payment of the applicable connection charges
and compliance with the Terms andl Conditions set forth in Exhibit B of this Agreement.
I have read and acknowledge receipt of this Agreement/Permit by signature
below:
Jim Palmer, President - CEO;
Permittee Representative's Name and Title Perflittee Representative's Signature
On ehalf of Chem -Tex supply Corp.
September 24, 2007
Date Executed:
STATE OF FLORIDA
COUNTY OF DADE
�regoing instrument was acknowledged before me this 24 day of September 200 7
by Jim Palmer' of Allied New Technologies
Said person 12* personally known to me, or, ❑ produced other Identification, to wit: +
signature
Print Name
Notary Public
atnerine auniarmUu
Commission #DD359538
Expires; NOV. 14, 2008
Bonded Thrn
Atlantic Boading Co., Inc.
Utility File #11.956.0D
EXHIBIT A
LEGAL DESCRIPTION
Project Name: Allied New Technologies
PARCEL 1 Parcel ID #:; 4201-111-0001-000/7
Beginning 1400.17 feet South from the Northeast corner and along the East line
of Section 1, Township 37 South, Range 38 East, St. Lucie County, Florida;
Thence run South 00000'54" West a distance of 507.81 feet; Thence run North
89058'30" West, a distance o(696.68 feet; thence run North 00001'30" West, a
distance of 1210.91 feet; to the Southerly right-of-way of Florida East Coast
Railroad; thence run North 44'46'36" East along the said Southerly right-of-way
a distance of 660.00 feet; thence run South 00000'54" West, a distance of
937.46 feet; thence run South 44046'00" West, a distance of 330.01 feet;
thence run South 89°59'06" East, a distance of 464.67 feet to the Point of
Beginning on the East line of Section 1, Township 37 South, Range 38 East, St.
Lucie County, Florida, and containing 17.5 acres, more or less.
Together with:
PARCEL 2 Parcel ID 1: 4201-111-0001-010/0
Beginning at the Northeast corner of Section 1, Township 37 South, Range 38
East, St. Lucie County, Florida; thence run South 00000' 54" West, along the
East line of said Section 1,; a distance of 1400.17 feet; thence run North
89059'06" West, a distance of 464.67 feet; thence run North 44°46'00" East, a
distance of 330.01 feet; thence run North 00000'54" East, a distance of 937.46
feet to the Southerly right-of-way of the Florida East Coast.Railroad; thence
run North 44046'00" East, along the said Southerly right-of-way, a distance of
329.97 feet, to the East line of Section 36, Township 36 South, Range 38 East;
St. Lucie County, Florida; thence run South 00009'38" East, along the said East
line of Section 36, a distance of 5.98 feet, to the Point 'of Beginning; All lying
and being in Section 36, Township 36 South, Range 38 East and Section 1,
Township 37 South, Range 38 East, St. Lucie County, Florida and containing
7.50 acres, more or less.
E
Utility File *11.956.00
EXHIBIT B
TERMS AND CONDITIONS
PROJECT;. Allied New Technologies
The following Special Conditlohs set forth in this Exhibit are mutually agreed to by
the Applicant/Permittee, Chem -Tex Supply Corp., and its affiliates, assigns,
lessees and transferees, hereinafter referred to as "Permittee", and the City of
Port St. Lucie, hereinafter referred to as "City":
1. Upon execution of this! agreement, the Permittee hereby covenants and
warrants that they own the property identified In Exhibit "A" attached hereto and
Incorporated by reference herein, or that they are a duly authorized officer of the
company owning said property, and that as -such owner or officer, they have the
right to execute said agreement.
2. The conditions set forth; in this agreement shall be binding on Permittee and
all of its successors and assigns.
3. All City codes governing the Utility Systems Department shall apply.
4. All water and wastewater infrastructure approved for construction shall be in
accordance with the Utility `Systems Department's technical specifications and
construction standards.
5. Upon execution of this lagreement and payment of the fees calculated and
set forth .on the Connection, Fee Worksheet attached hereto as Exhibit D and
incorporated herein, the Permittee shall reserve the equivalent of 250,000 gallons
per day of water service.
6. Parties acknowledge that in order to serve the subject property, City shall
construct approximately 13,790 linear feet of 16" water main that will be extended
from the City's existing system terminus on Glades Cut -Off Road south to Range
Line Road, then south along i Range Line Road to the intersection of the future
Crosstown Parkway, and then east along the southern right-of-way line of the
future Crosstown Parkway. Parties further acknowledge documents prepared by
Culpepper & Terpening, Inc. reflect an estimated cost of $2,291,020.00 to
construct the subject improvements.
7. Permittee acknowledges that its share of the subject off -site potable water
improvements shall be 14a/o ;of the final project costs. Upon execution of this
agreement, Permittee shall pay to the City the Permittee's 14% share of the
$2,291.020.00 cost estimates as set forth on the Connection Fee Worksheet
attached hereto as Exhibit D and Incorporated herein.
8. Upon the completion of construction of the off -site potable water
improvements and certification of same by the Florida Department of
Environmental Protection, an ,analysis of the final project costs will be performed
.3
Utility File #11.956.0o
by the City. If the final project costs exceed the estimated costs, Permittee* shall,
pay 14% of any excess costs'within thirty (30) days written notice that they are
due. In the same manner, lf� the final project costs are less than the estimated
costs, City will reimburse Permittee any monies it may have paid in excess of its
14% share of the final project costs.
9. The on -site potable water meter shall delineate Permittee's point of water
service.
10. Permittee acknowledges laboratory analytical results from groundwater
sampling performed in conjunction with a Revised Remedial Action Plan issued by
the Florida Department of Environmental Protection on May 17, 2007 indicate the
existence of arsenic, fluoride and chloride contaminations on Permittee's property.
Permittee agrees to hold the City harmless with regard to any environmental
issues, health hazards, regulatory cleanup requirements, City property damage, or
penalties resulting from all soil contaminants that have occurred, or may occur In
the future, as a result of Permlittee's business operations on the subject property.
i
11. The Permittee shall fully execute and provide the City a complete and
correct Utility Turnover Package prior to certification of any water and wastewater
improvements through pertinent regulatory agencies, and prior to placing the
proposed improvements into service.
13. The Non -Resident Request of Service, attached hereto and incorporated
herein as Exhibit "C'; shall be! binding to this agreement.
14. Parties acknowledge that amendments to this agreement may be required
based on City's final approval ;of related off -site and on -site construction plans.
15. Parties agree that in the unlikely event Permittee would request to cancel
this agreement prior to connection of the water meter, the City would, upon
written request from Permittee, agree to refund the following monies to Permittee:
a) 1,000 ERCs of Wai ter Plant Capacity Reserved at $885,000.60
b) 1,000 ERCs of Water Line Charge at $500,000
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c) Unearned Guaranteed Revenue (calculated from the first of the month
following the agreement cancellation date through the end of that
calendar year) - ,
After connection of the water meter, any refunds shall be in accordance with the
Port St. Lucie City Code In effect at the time this agreement Is executed,
specifically including Section; 63.07. Any request for a refund should be made
prior to Permittee selling or transferring the subject property to a new owner. A
request made subsequent to 'selling or transferring the property to a new owner,
will be subject to approval of the new owner.
4
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EXHIBIT C
NON-RESIDENT REQUEST FOR SERVICE
Utility File #11.956.00
The undersigned does hereby apply to the City of Port St. Lucie, Florida (the
"City"), for water and/or wastewater service to be extended outside the City limits
to the undersigned's property, (the "Property") described in Exhibit "A". attached
hereto and made a part hereof,.
The undersigned understands that the provision of the water and/or
wastewater service to the Property shall be contingent upon the ability of the City
to supply the demand requested. The undersigned also understands that it has a
choice to either (a) pay a 25% surcharge over the rate charged to residents of the
City, or (b) agree to be annexed by the City should it determine to do so.
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As consideration for the application to receive water and/or wastewater
service to the Property as set forth herein, the undersigned hereby elects one of
the following:
❑ (i) To pay a surcharge in the amount of twenty-five percent (25%) of the
rate paid by residents of the City for the same or similar water and/or wastewater
service, as authorized by Section 180.191, Florida Statutes.
❑ (ii) To be voluntarily annexed into the City upon determination by the'
City to do so. The undersigned understands and agrees that this document shall
be considered a written approval for annexation of the Property in the event that
an area, including the Property, is proposed for annexation.
i
The undersigned further agrees that the foregoing shall run with the land
and be binding upon Its heirs; successors or assigns, and that this document may
be recorded in the Public Records of St. Lucie County, Florida, for the purpose of
serving as notice of the terms of this Agreement upon its heirs, successors or
assigns.
5
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IN WITNESS WHEREOF,
rgresentative, has hereunto set
►p-t,nti�.t� , 2007.
Witnesses *1:
I
Print Name:i�--
�IL:A. /
Printd11FAMor-11
Utility File #11.956.00
the undersigned, or its duly authorized
its hand and seal this 11;. day of
Property Owner's Signature:
WCL
for Aem-Tex Supply Corp.
Jim Palmer, President - CEO
Print Name and Title
STATE OF
FLORIDA
COUNTY OF
nAnF
The foregoing instrument
1
was acknowledged before me
this 24 day of
September
200 7 . by
Jim Palmer
as
President
— CEO �
of Chem —Tex Supply
Said person
(check one)
Is personally known to me,
or 13 produced
as identification.
Seal
Signature
Printed Name
Notary Public, State of
Catherine Guillarmod
sad �n•C-0mmission#UD359538
' .�roa'Expires: NOV. 14, 2008
•,; •••,� Bonded Thru
1110 AslDade Bonding Co., Inc.
Utility File #11.956.00
EXHIBIT D
FEE WORKSHEET
Project Name: Allied New Technologies
Unit Price
Quanti
Definer
Amount
Water: 1.
Plant Capacity Reserved: i
$885.00 x
1000
ERCs
$885,600.00
Irrigation Capacity Reservedi
$885.00 x .
0
ERCs
n / a
2.
Line Charge: 1
$500.00 x
1000
ERCs
$500,000.00
3.
Meter Installation Fee: i
n / a
4.
Guaranteed Revenue
I
$7.05 x 5 months x
1000
ERCs
$35,250.00
Mlsa: 5.
Agreement Recording Fees
7
Pages
$69.50
6.
Permittee's 140/9 share of the
estimated off -site potable
4
Pages
$320,742.80
water improvements
Total Due Upon Execution $1,741,062.30
For Office Use Only:
ReceiptM Date Paid: Received By:
7
Commercial Bank of Florida 63-1037/6608
Check f 000375
'h,'t5am'iS,W, A7 1MV1320
ck
ALLIED NEW TECHNOLOGIES, INC. AM CheDate Check Amount
3901 N.W. 115TH Avenue 0912412007
Miami, FL 33178
One million seven Hundred Forty-one Thousand Sixty -Two and 10/100 -------------------------------- USD
pAyTOTHE City of port St. Lucie
ORDER OF
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